HomeMy WebLinkAboutItem 6.5 TCI FranchiseViolation (2)
CITY CLERK
File # [Z]~~rm-~rm
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 1997
SUBJECT:
PUBLIC HEARING: Consideration Of Franchise Violation By TCI (Cable
Television Provider) - (Non-Compliance With Requirement To Notify
Subscribers and City of Changes In Services)
~ Report Prepared By: Paul S. Rankin, Assistant City Manager
EXHIBITS ATTACHED:
1.
Notice of Public Hearing Dated February 18, 1997
Addressed To Mr. Tom Baker, General Manager TCI
2. Copy of FCC Regulation 76.964- Written Notification of
Changes In Rates and Services
3. Copy of Public Notice Published In the Tri Valley Herald By
TCI on November 29, 1996
4.
Copy ofTCI Press Release dated November 27, 1996 and
titled "TCI Strengthens Channel Line-up By Adding Popular
Programming"
.
5.
Draft Resolution Finding TCI In Non-Compliance With FCC
Regulation 76.964 and Establishing A Penalty
RECOMMENDATION~~
1) Open the Public Hearing
2) Receive the Staff Report and testimony from TCI and the public.
3) Close the public hearing.
4) Deliberate.
5) Detennine whether the violation was "excusable".
If the City Council cannot make this determination the violation is deemed
"inexcusable" then the City Council must;
(a) Determine the amount of any penalty to be assessed.
(b) Review the Draft Resolution and make any desired changes to
reflect infonnation gathered at the Public Hearing.
FINANCIAL STATEMENT:
In the event that penalties are assessed they would be General Fund
revenues and may offset a portion of the Staff and City Attorney
cost incurred with the review of this matter.
:4It-------------------------------------------------------------------
- :: COPIES TO: Tom Baker, General Mgr. TCI-Tri-Valley
6.5
ITEM NO.
Hlcc.formsl
a popular channel (Arts & Entertainment). Further, the content of a press release is typically not the same
as a legal notice. The issuer cannot be assured that the required information will be presented nor is there
a guarantee that it will occur within the required 30 day time limit. Staff does not believe that the Press
Release offers support for compliance with the FCC regulation.
Exhibit 3 is the Legal Notice published in one newspaper by TCI at an apparent cost of$4S.12. The
Notice appeared once in one newspaper of general circulation in the region on November 29, 1996. The
content in the heading suggests that the information was intended to apply to Castro Valley, Dublin,
Livermore, Pleasanton, and Sunol. The Notice does not meet the legal requirements of FCC regulations
for the following reasons:
.:
. Several of the programming changes refer to programming never offered on the Dublin system (i.e.
Animal Planet, Cartoon Network, Learning Channel, Encore Plex, etc.)
. The Notice states TCI is "considering" programming changes and specific channel information will be
provided to subscribers once the changes are finalized.
. The Notice does not state each channel to be added or deleted.
. The Notice makes no reference to Arts & Entertainment or Bay TV, which were specific channels
deleted and added on the Dublin cable system.
. No notice is given regarding the subscribers right to file a complaint.
Based upon all of the conditions noted above Staffhas found no evidence to suggest that TCI has
complied with the spirit or letter of FCC regulation 76.964.
.
PROCESS FOR REVIEWING THE VIOLATION
TCI was informed in Exhibit 1 of the public hearing along with their right to present testimony in addition
to the Staff report. Given the failure to provide a 30 day notice and the subsequent change in
programming, TCI could not cure this defect by being provided additional time. The Company did move
expeditiously, subsequent to the violation, and after numerous complaints from subscribers to develop a
plan for the restoration of Arts & Entertainment. This plan included obtaining a waiver from the City for
Noticing required to remove the Playboy programming and CSPAN 2.
Staff has been advised by cable consultants that it is important have a clear a public record of each
circumstance when the cable franchise operator is not in compliance. Perhaps this is of more importance
than the assessment of any monetary damages. If action is not taken by the public agency monitoring the
franchise there is little leverage when available when the firm must come and request a renewal or
extension of the Franchise. TCI only acquired the system in the last year and it seems appropriate to
clearly identify to the operator the expectation for compliance with requirements of applicable laws and
regulations.
In accordance with Municipal Code Section 3.20.800(B) the City Council must determine whether the
violation was "excusable". If the City cannot make this determination and the violation is deemed
"inexcusable" then the City may impose a remedy. This includes an option to levy monetary damages as ..
authorized in the Franchise Agreement. _.:
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The provisions for any assessment ofa monetary penalty provide a great deal of latitude to the City. As
noted earlier the City is not required to levy any penalty. Section 10.2(a) of the Franchise Agreement
states that the damages may not exceed $100 per day or per violation for the willful violation of any
material provision of the Franchise. The calculation of a penalty on a daily basis will obviously be much
different than a penalty for each violation. Also, Section 10.2(c) of the franchise agreement suggests that
the City shall take into consideration the nature of the violation; the nature of the remedy required to
prevent further such violations; and other matters deemed appropriate by the City, however, adequate
remedies must be imposed if the quality of service is in any way lessened.
STAFF RECOMMENDATION
Given that TCI has been the franchise operator for less than one year and this is the first violation which
could not be corrected, Staff does not recommend undertaking the process required to effect a revocation
of the franchise. However, it is important that the public record reflect that the TCI has been found in
non-compliance of FCC Regulation 76.964 and the Dublin Municipal Code 3.20.335 requiring
compliance with FCC Regulations. Staff has prepared a Draft Resolution (Exhibit 5) which contains this
finding. The City Council may wish to consider any additional testimony at the public hearing which
would suggest the need to modify the draft resolution.
The City Council does have latitude as to the levy of any monetary penalties. Staff would recommend
that the City Council levy $100 per violation for a total penalty of $200. This is the minimum penalty
which could be calculated based upon the facts surrounding this violation. Further, this should minimize
the opportunity for dispute by TCI as to the methodology used to calculate the penalty. In discussions
with Mr. Baker, he requested that the City consider the fact that Tel did proceed with steps to restore Arts
& Entertainment within approximately one month. The City Council may wish to consider whether this
in any way mitigates the consideration of levying penalties.
Staff would recommend that upon conclusion of the Public Hearing, that the City Council adopt the Draft
Resolution issuing a Finding of Non-Compliance and determine the level of penalties, if any to be
assessed.
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CITY OF DUBLIN
Po. Box 2340, Dublin, California 94568
.
City Offices, 100 Civic Plaza, Dublin, California 94568
February 18, 1997
Mr. Tom Baker, General Manager
TCI - Tri-Valley
2333 Nissen Drive
Livermore, California 94550
Notice of Public Hearing Regarding Apparent Franchise Violation
Date of Hearing:
Time:
Location:
Alleged Violation:
March 18, 1997
7:00 p.m.
City COWlcil Chambers 100 Civic Plaza Dublin CA 94568
Non Compliance With FCC Regulation 76.964 (Written Notification of
Changes In Rates and Services)
e')ear Mr. Baker:
As you are aware, the City Council has requested that an annual performance review be conducted at a
public meeting on March 18, 1997. In gathering information related to performance by TCI in 1996, it
appears that there has been a clear violation of the franchise requirements. As required under Dublin
Municipal Code Section 3.20.800 (A), the City must provide 30 days notice ofa public hearing.
The circumstances related to the violation involve the following actions taken by TCI without appropriate
notice on or about December 29, 1996: (I) The elimination of Arts & Entertaimnent (A&E) from the
programming offered to residents of the City of Dublin, (2) The addition of Bay TV; and (3) The
rearrangement of channel assiglllllents affecting 8 of the 38 channels offered as part of the Satellite Value
Package. The duty to provide notice is clearly identified in FCC regulation Section 76.964. Similar
requirements as they relate to the deletion of channels is contained in Government Code Sec. 53088.2(h).
Compliance with the FCC regulations are specifically required by Dublin Municipal Code Section
3.20.335.
Your attention is directed to FCC regulation Section 76.964 which states that advance notification to
customers is required in the event of changes in programming services or channel positions. Specifically
the FCC states that cable systems shall give 30 days notice to both subscribers and the local franchising
authority before implementing such a change. The content of the information to be provided is stated as
aollows: "When the change involves the addition or deletion of channels, each channel added or deleted
""ust be separately identified. Notic~s to subscribers shall inform them of their rights to file complaints..."
In a response to the City of Dublin request for documentation of efforts to comply with the Notice
requirement you submitted a copy of Legal Adve~~t.N.A.l029 which indicated it was published in
Administration (510) 833-6650 . City: EXtll.l:Sll' 1 )n (510) 833.6620
Code Enforcement (510) 833-6E: 0) 833-6645
the Tri-Valley Herald on November 29, 1996. In addition a copy ofa press release dated November 27,
1996 prepared by Mr. Andrew Johnson, was provided.
A review of the information submitted indicates it does not meet the criteria required under the applicable '.
laws and regulatIons for the following reasons:
The Notice applics to Castro Valley, Dublin, Livermorc, Pleasanton, and Sunol. Several of the
programming changes refer to progranlS which have never been offered 011 the Dublin system
eitller before or after the changes made in December.
No notice was provided to the City as the local franchising authority.
The notice states TCI is "considering" programming changes and specific channel information
will be provided to subscribers once the changes are finalized.
The notice does not state each channel to be added or deleted.
The Notice makes no reference to any change affecting Bay TV or J\.rts & Entertainment.
No notice is given regarding the subscribers rights to file a complaint.
There has been no information that the content of the Press Release was ever published in a fonun
which would be judged to provide the subscribers with the required 30 day notice.
Given the nature of the violation it is not possible to grant a 30 day time period to correct the lack of
notice prior to implementing changes. Your efforts in January 1997 to restore Arts & Entertainment were
specifically granted a waiver from the required notice.
.:.
At the hearing you will be afforded an opportunity to provide oral and written testimony regarding the
alleged violations. In the event that there are materials you would like forwarded with the Staff Report,
please make certain that I receive them by March 11, 1997. The City Council will conduct the hearing in
accordance with the Municipal Code and applicable rules and regulations.
In the event that you have any questions, please feel free to contact me at 833-6640.
67J~\20
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Paul S. Rankin
Assistant City Manager/
Administrative Services Director
cc:
Richard C. Ambrose, City Manager
Libby Silver, City Attorney
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-.....,... 'ExcERPi'F'cc'REGULA'ilqN
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578.984 WrJf;ten notlflcatlon of -changes In rates and sentlcea
<-> In adli1ilfon to ~ mquirerrntnt or t i6.309(~(3)(1)(B} ~ advance rw1JfrutdJOn to CY5t~ c;rf
My chlr1Q*$ Eo rates. PmQmmmInQ servtces or chsnnef rmIDons.. o;bJe SyStemsmoff aiva3\) days
wrlltlll1l101ice to both SU~/1Ii and lOCal fmllClll6ing luJl/!oOllw oororlllmpiQmentlnl1ll11y mlB or
$ltry;otJ thanQiI. ~ n~.$h.aIl.slftftJ fhv pnrofsa amount of any rafw ctJange and brIony explSm in
lltad1(y undaf$(artdattlo fahiOI) lliv cause vf th& raw g13~ (v.g.. Joflation: r;h~ In ~uaJ costs
or lrla lll!lmIonIdvlelJlIIt Of Ilhanllels). When !he chqe IIwl1/vfl; fhB addllJon ar lMkIfion Of Chlltlnel$,
each channel add$d ordBJDted must be seper.atufy kfellUf1ed. N~ 10 sub6c:r(bGm st)rJ" Inform ~m
of1.ht:tlr IfClht 10 file complaHs i2bout charoas In cable ptCOn:atnmll1C,1 Mrvica lier f>>ftsS And z:ervJcas.
sIltdl state tMt !he ~ may me the compfalm Wftbtn 00 dayS of the effective date of f~ raUJ
Change-, arN ShaH pwyidu lim itM~ mld phone num:xn- or the ~I ~ch~ing BllthDfity.
. (b) To th9 ext~nf "'"' opmator fflr9qlllmd 10 pt'0Vi:$9 noUcg or ItMca .~ I'8t9 changB5- (0 8ubs;~.
. th9 oP8r.ator may provKle SLlch notlce t$lnQ an)" m~onable m6",J'tS at: l!$ ~* dlScm{iQn. .
(c) NO~nding any f'tber pnw&4<m of Pari 7$. a ca~ l>pemtor ttla' rtQt ba mquiMd b:J pt'O'IIloo
Pri<w 11~ of any 1ll1.. """no<> that f>> the _lilt of a l'$lIllrolOl)' r9$, (1)l11Ch1Ee r.., Ill' any olIIOr f~, lax,.
Bsc~nem. Of GfJ~ or any kI~ imposed by any Fat2arnl agenCYt state. or francftlslnJl authDrtty OtJ
fhg lnansadkm between fh~ o~tor Qnd Ute subsoril1or.
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EXHffiIT 2
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lsantcin. qA 94588..Q387
Enclosure 5
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'ILLING INVOICE
count No.
count Namel
036084
ATTN: KENDRA MORANDINI
TCI CABLEVISION OF CA INC
2333 MISSEN DR STE' B
LIVERMORE CA .94550
'I
PUBLIC NOTICE
Community Nllml: CllStro Vallll)', Dublin, .
. Uvlrmore, Pleasanlon, Sunol
. CUIP Number: CA 0238, CA 0353, CA
: 0356, CA 0360, CA 0364 .
: IMPORTANT CHANNEL INFORMATION.
. ro-
. " E/feclive Decembor 31. 1996, Tel wiD .
, change the programming line-up in ordll( to
::--make ~ more appealing to B broader base of
. rostomer3 and non-cuslomelS- .
:. We. are:. consldering . the following pro- '
.. glBlTlnung changes: moving WiBS arid Dis-
:. ~ to OIX Basic service level; the leund:l!
.. otAnimal Planet, Cartoon and The learning I
.. ChaMsi on ExpBnded Basic and; Encore :
:. Plex on Expanc!ed Basic. To make room for :
~ these Ltlique, famt1y-oriented networks, we' i
. rmY be dropping or sharing some of thil fol-
lOWing Programming: WGN, Intra lV, VH-1.
- ComedY, T 11MlI, Nostalgia. MEU (KnCl'M-
. edge lY).
We will prOvide customens with the spa:.
cific chaMal information once the Dne-up Is
finaDzsd. :
If you hlrYe questions, p1ellse contact ..
your local TCI office. . .
Trl-Vlfl1ey H/lTBld, Legal No. 1029
. NoVtlmbtJr.29, 1996
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EXHIBIT 3
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RE:
~.c;\.!?:tX'.9....Y.~.l.l.~y'."...p'~~j;n..J...J.d..~.~.rmp r e .'
~ J. fit.. R..::? R-.P. t. Q.n.J.. ...S;u;n .Q.l_....................../........
..................;........ ............ ........ ..-. ...................... ......
.................tt........--..............................
......................... ",
,..................................................-..."'...........................
..;...............................................-....................................
..........~.....................,..................._.................................
CITY' OF DUBliN.
FEB 1 2 1897
FINANCE DEPT.
nr:CEIVED
TITlE:' .~.~.P..~.:::~.?-.~.::....<::~.~~!.l:~}....~.~.~.~.~~.~:t i 0 I
.........................................."..........-..................................
................................~....................-...................................
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RUN DATES:
J::!!? Y../iA ill fl.~.?;.... ~. ~...l.... J.. ~.~ .9.....................................
.~...........t............................t........._............,....................
L e'g a 1 No. 1 0 2 9
.
TOTAL
$ 45..12
..
Nov. 27, 1996
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Andrew Johnson
Division Director
of
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Communications
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pr:Cf.:I\f1:D'
\. ~. _ L Ir L...
FOR IMMEDIATE RELEASE
510/927-7016
Tel Strengthens Channel Line-up
By Adding Popular Programming
WALNUT CREEK, Calif. -- TCI cable television customers will start off the new year
with the addition of popular new programming to their channel line-up. The
additions, announced today, will strengthen TCI's line-up and underscore the
company's commitment to provide educational and entertainment programming for
viewers of all ages.
.
Beginning Jan. 1, 1997, most Tel customers will be able to enjoy Animal Planet,
Home & Garden, and The Cartoon Network, among other new programming. Animal
Planet will be available to 1.2 million customers in Northern California and Nevada.
The Cartoon Network will now be viewed by 800,000 TCI customers and Home &
Garden by 750,000 customers in the Southwest Division. Other networks, such as
Sci Fi, The History Channel and ESPN2 will each be available to about 350,000
customers.
Specific programming changes will vary from community to community. Some
communities will see fewer changes in their channel line-up because there is little
room to add new programming without dropping channels that are popular.
TCI also announced that The Discovery Channel and TBS will be moved to the basic
tier of service.
"Our channel line-up in 1997 will be stronger than ever. We've added new
educational and entertainment programming for our viewers," said Dan McCarty,
TCI Southwest Division Vice President. "As the nation's leading cable service
provider, Tel is dedicated to making the viewing experience more rewarding for
people of all ages."
"We are excited about these changes, and we believe our customers will be as
well, n McCarty said. "We are adding programming our customers have been asking
for. "
.
To make room for the new programming, TCI will no longer carry some channels
that have proven to be less popular among viewers. For example, E! and Travel will
be discontinued in most TCI systems. Some markets will also lose VH-1 and
Comedy Central.
"We have been able to drop niche services with low ratings and replace them with
programming which is in high demand from our customers," McCarty said.
EXHIBIT 4
.. "..
In adding and deleting programming, TCI considered a number of factors, said -.
McCarty.
"The most important consideration has been our extensive research on what our
customers want. We listen to their programming needs and desires, and are always
working to fulfill them," he said.
Tel also did not want to eliminate unique programming that can't be found
elsewhere on the channel line-up. "Our goal is to provide as wide a variety of
popular programming as we can," McCarty said.
No monthly rate adjustments will be made at this time in conjunction with these
programming changes.
Specific programming changes and complete channe/line-ups by community are
available.
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Diablo Channel Changes - December 31, 1996
.em: CCC/DanvilIe (52 Channels)
rANm'.LMOVED FROMffO DROPPED ADDED
SportsChannel [201-)31] E! Entertainment (20) Animal Planet (41)
C.SP AN 1 [27 I-) 32] VH-1 IComedy Central (41) Cartoon Network (48)
The Family Channel [28 H- 36] Intro Television (46) Encore Plus (46)
A&E [29 H- 40] I & E Network (48) Request 3 (51)
TBS [30 H- 20] Cable Video Store (51)
Nickelodeon [31 H- 39]
The Discovery Channel [32 I-) 27]
USA Network [36 H- 29]
MTV [39 H- 28]
American Movie Classics [40 H- 30]
System: Fremont
CHANNEL MOVED
Sneak Prevue
SportsChannel
USA Network
American Movie Classics
The Discovery Channel
TBS
FROMffO
[11 H- 32]
[32 H- 70]
[41 H- 68]
[43 H- 69]
[44 H- 19]
[47H-11]
[55 H 67]
[69 H 44]
DROPPED
Prime sports Showcase (pit) (26)
The Travel Channel (50)
IntroTelevision (61)
ADDED
Fox Sports America (pit) (26)
Encore Plus (41)
Home & Garden TV (43)
ESPN2 (47)
The History Channel (50)
Animal Planet (55)
MSNBC (61)
System: Castro Valley
CHANNEL MOVED FROMffO DROPPED ADDED
SportsChannel [16 H 78] I & E Network (27) KLXV - 65 (27)
USA Network [20 H- 76] TV Land (38) Home & Garden TV (38)
MTV [21 H- 75] Request 2 (74) Animal Planet (40)
ESPN 2 [33 H- 42]
C.SPAN 1 [35 H- 59]
American Movie Classics [40 H 77]
The Discovery Channel [42 H- 33]
The Weather Channel [54H-21]
Bay TV [59 H- 35]
QVC [64 H- 20]
Fox News [68 H- 16]
Request 3 [75 H- 54]
Request 4 [76 H- 64]
Request 5 [77 H- 74]
Cable Video Store [78 H- 68]
.
Diablo Channel Changes - December 31,1996
System: CCCIMartinez (42 Channel)
CHANNEL MOVED FROMITO DROPPED ADDED
SportsChannel [20 f-+ 31] VH-1 /Comedy Central (41) Animal Planet (41)
C-SP AN I [27 f-+ 32] E! Entertainment (20)
Family Channel [28 ~ 36]
A&E [29 14 40]
TBS [30 14 20]
Nickelodeon [31 ~ 39]
The Discovery Channel [32 14 27]
USA Network [36 14 29]
MTV [39 14 28]
American Movie Classics [40 14 30]
System: CCC/Rossmore (42 Channels)
CHANNEL MOVED FROMITO DROPPED ADDED
SportsChannel [201431] El Entertainment (20)
C-SP AN I [27 14 32]
Family Channel [28 f-+ 36]
A&E [29 14 40]
TBS [30 14 20]
Nickelodeon [31 14 39]
The Discovery Channel [32 14 27]
USA Network [36 14 29]
MTY [39 f-+ 28]
American Movie Classics [40 f-+ 30]
System: Walnut Creek (52 Channels)
CHANNEL MOVED FROMITO DROPPED ADDED
The Weather Channel [23 1-+ 31] 1& E Network (11) The History Channel (26)
The Discovery Channel [261411] Intro Television (37) Encore Plus (37)
TBS [31 14 50] E! Entertainment (39) Animal Planet (39)
MTV [40 ~ 59] VH-1 /Comedy Central (41) Home & Garden TV (40)
USA Network [44 f-+ 60] Request 2 (55) Cartoon Network (41)
American Movie Classics [46 f-+ 61] Cable Video Store (57) Request 4 (55)
I SportsChannel [49 f-+ 62] Travel Channel (50) Request 3 (57)
! Spree [51 14 23]
, Prevue Channel (TV
'Guide until 11 /30/96j [581446]
Fox News [591444]
Encore [601-+51]
storz] [61 1-+ 58]
Cinemax [62 1-+ 49]
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Diablo Channel Changes M December 31,1996
em: Pin ole
CHANNEL MOVED FROM/TO DROPPED ADDED
SportsChannel (161-+22] A & E (19) Animal Planet (40)
fX (221-+ 16] BET (41)
MSNBC [31 1-+ 33] TNN (42)
QVC [33 1-+ 67] The History Channel (57)
American Movie Classics [34 1-+ 19] Home & Garden TV (69)
The Discovery Channel [36 1-+ 47] Bay TV (19)
The Learning Channel [40 1-+ 64]
Lifetime Television (41 1-+ 65]
EI Entertainment [421-+ 66]
Request 2 [47 1-+ 68]
Cartoon Network [57 1-+ 31]
Fox News [651-+36]
System: Pittsburg
CRANNELMOVED FROM/TO DROPPED ADDED I
SportsChannel [161-+22] N/A Animal Planet (33)
The Family Channel [191-+34] The History Channel (57)
tx [221-+ 16] Home & Garden TV (69)
we [31 1-+ 68] KLXV-65 (65)
[33 1-+ 66]
American Movie Classics [341-+ 19]
The Discovery Channel [361-+44]
VH-1 /Comedy Central [44 1-+ 67]
Cortoon Network [571-+31]
Fox News [651-+36]
System: Tri- Valley [Old]
CHANNEL MOVED
SportsChannel
USA Network
MTV
CNBC!TNN
American Movie Classics
VH-1 /Comedy Central
The Discovery Channel
QYC
FROMfI'O
[161-+36]
[201-+ 34]
[21 1-+ 33]
[33 1-+ 16]
[34 1-+ 35]
[35 1-+ 20]
[36 1-+ 37]
[37 1-+ 21]
DROPPED
A & E (19)
ADDED
BauTV (19)
.
DRAFT
RESOLUTION NO. ~ 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
.
*********
Resolution Finding TCI In Non-Compliance With FCC Regulation 76.964
(Requirement To Notify Subscribers and City of Changes In Services); and
Dublin Municipal Code 3.20.335 (Requiring Compliance With FCC Regulations); and
Franchise Agreement Section 10.1 (Requiring Compliance With Laws)
WHEREAS, Federal Communications Commission (FCC) regulation 76.964 provides a specific
process to be followed when Cable Television Operators Add or Delete programming; and
WHEREAS, TCI made several changes to programming offered in the City of Dublin, on
approximately December 29, 1996; and
WHEREAS, the changes were identified and explained in a Public Hearing Notice provided by the
City to TCI and dated February 18, 1997; and
WHEREAS, the City Council did conduct a public hearing on March 18, 1997 and accepted
testimony relative to the apparent violation; and
WHEREAS, TCI submitted a press release dated November 27, 1996 and a Legal Notice .
published November 29, 1996 as evidence of their efforts to comply with the FCC requirements; and
WHEREAS, the evidence submitted by TCI was reviewed as part of the public hearing and its
content could not be judged to reasonably support a conclusion that the requirements of the FCC
regulation were complied with; and
WHEREAS, the nature of this violation is such that TCI cannot go back and correct the error since
proper notice was not given and the changes were implemented; and
WHEREAS, at the conclusion of the public hearing and in accordance with Municipal Code
Section 3.20.800(B) the City Council did consider whether the violation was "excusable" or
"inexcusable" .
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council, based upon testimony
and evidence presented at a Public Hearing on March 18, 1997, does hereby fmd that TCI is in non-
compliance with: FCC Regulation 76.964; Dublin Municipal Code 3.20.335 ~ Requiring Compliance
With FCC Regulations; and Franchise Agreement Section 10.1. The cause of this violation was the
change in programming implemented in the Dublin cable system on or about December 29, 1996, without
proper notice to both the Franchising Authority and the subscribers.
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AGENDA STATEMENT
EXHIBIT 5
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DRAFT
BE IT FURTHER RESOLVED that the City Council in making the finding discussed above has
determined that the violation was (nlnexcusable" / or uExcusable'?
BE IT FURTHER RESOLVED that the City Council has determined that an appropriate penalty
shall be $ , as allowed under applicable regulations and which shall be paid by
TCI within 30 days. Ifunpaid after 30 days the City may collect the amount as allowed under Section
3.20.380 (A) (3) of the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this day of
, 1997.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
H/ee-fonns!
AGENDA STATEMENT
EXHIBIT 5